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Horne-Ballard v. Ballard

In divorce case, Alabama appeals court upholds trial court’s admission of calculation of value from qualified expert for medical practice; appeals court agrees with lower court that objections to methodology go toward weight and expert’s credibility; court lets earlier Rohling decision stand.

Alabama Appeals Court Affirms Calculation of Value Is Admissible and Lets Rohling Stand

In divorce case, Alabama appeals court upholds trial court’s admission of calculation of value from qualified expert for medical practice; appeals court agrees with lower court that objections to methodology go toward weight and expert’s credibility; court lets earlier Rohling decision stand.

Perser v. Perser

Court upholds award to nonowner spouse related to value of husband’s medical practice where husband bought practice prior to marriage and was sole owner; court notes there was goodwill attributable to the business and finds other factors indicate business had assets that were marital property.

Factors Other Than Goodwill Support Award to Nonowner Spouse Related to Owner’s Medical Practice

Court upholds award to nonowner spouse related to value of husband’s medical practice where husband bought practice prior to marriage and was sole owner; court notes there was goodwill attributable to the business and finds other factors indicate business had assets that were marital property.

Mem’l Hermann Health Sys. v. Gomez

In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.

Damages Expert’s ‘Before/After’ Lost Profits Analysis Bolsters Plaintiff’s Defamation Case

In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.

Hall v. Hall

In discovery dispute, appeals court says trial court’s protective order in favor of medical practice is too broad; nonowner spouse may obtain information shedding light on value of owner spouse’s ownership interest; operating agreement requiring use of book value may not be controlling here.

Medical Practice Must Produce Information Bearing on Spouse’s Ownership Value

In discovery dispute, appeals court says trial court’s protective order in favor of medical practice is too broad; nonowner spouse may obtain information shedding light on value of owner spouse’s ownership interest; operating agreement requiring use of book value may not be controlling here.

Namerow v. PediatriCare Associates, LLC

In pediatrician buyout suit, court says practice’s operating agreement requires net worth calculation; court agrees with defense expert’s definition of “net worth” as the value of assets minus liabilities, as stated in the balance sheets, and rejects proposed inclusion of intangible assets.

Court Says Expert’s Inclusion of Intangible Assets Violates Buyout Agreement

In pediatrician buyout suit, court says practice’s operating agreement requires net worth calculation; court agrees with defense expert’s definition of “net worth” as the value of assets minus liabilities, as stated in the balance sheets, and rejects proposed inclusion of intangible assets.

In Share Redemption Case, Bylaws Militate Against Book-Value Valuation

In share redemption dispute pivoting on missing shareholder agreement, high court finds corporate bylaws show trial court’s use of book value to value separating member’s stock was error but plaintiff failed to show right to fair value determination as a matter of law; court remands.

Lynd v. Marshall County Pediatrics, P.C.

In share redemption dispute pivoting on missing shareholder agreement, high court finds corporate bylaws show trial court’s use of book value to value separating member’s stock was error but plaintiff failed to show right to fair value determination as a matter of law; court remands.

Deal Price Represents Unreliable Starting Point for Fair Value Calculation

Appeals court agrees with trial court that deal price does not reflect target’s fair value because price resulting from merger of medical entities compensated shareholders for agreeing to substantial future pay reduction and for making other concessions.

Crocker v. Greater Colo. Anesthesia

Appeals court agrees with trial court that deal price does not reflect target’s fair value because price resulting from merger of medical entities compensated shareholders for agreeing to substantial future pay reduction and for making other concessions.

Court Treats Outpatient Surgery Center as Extension of Physician’s Practice

Court says deducting personal goodwill from valuation of physician’s interest in outpatient surgical center is appropriate even if physician was not an employee of center; entity’s income and total value depended on its physician members’ patient base.

Bulloch v. Bulloch

Court says deducting personal goodwill from valuation of physician’s interest in outpatient surgical center is appropriate even if physician was not an employee of center; entity’s income and total value depended on its physician members’ patient base.

Court Treats Outpatient Surgery Center as Extension of Physician’s Practice

Court says deducting personal goodwill from valuation of physician’s interest in outpatient surgical center is appropriate even if physician was not an employee of center; entity’s income and total value depended on its physician members’ patient base.

Spouse’s Unilateral Stock Agreement Sets Value in Divorce Action

Appeals court agrees with trial court that valuation in stock agreement is binding in partition action even though non-owner spouse refused to sign agreement and agreement did not mention divorce as one of the circumstances in which valuation applied.

Spouse’s Unilateral Stock Agreement Sets Value in Divorce Action

Appeals court agrees with trial court that valuation in stock agreement is binding in partition action even though non-owner spouse refused to sign agreement and agreement did not mention divorce as one of the circumstances in which valuation applied.

Baumboree v. Baumbouree

Appeals court agrees with trial court that valuation in stock agreement is binding in partition action even though non-owner spouse refused to sign agreement and agreement did not mention divorce as one of the circumstances in which valuation applied.

Court Snubs Lost Earnings Analysis Based on ‘Incomplete Use’ of Data

Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.

Buyer’s Failure to Assign Value to Practice Goodwill Nullifies Noncompete

Appeals court says noncompete/nonsolicitation clauses accompanying sale of solo practitioner’s medical practice to large healthcare provider are unenforceable where buyer allocated zero dollar value to practice’s goodwill; court strikes down injunction.

Ohio Appeals Court Clarifies Provision on Tax Affecting at Divorce

Appeals court says consideration of tax consequences related to owner-spouse’s business is “too speculative” because owner has no plan to sell in near future; trial court improperly assumed current tax rates and business interests would remain constant.

Bocek v. JGA Assocs., LLC

Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.

Healthcare v. Orr

Appeals court says noncompete/nonsolicitation clauses accompanying sale of solo practitioner’s medical practice to large healthcare provider are unenforceable where buyer allocated zero dollar value to practice’s goodwill; court strikes down injunction.

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